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Submitting to the State Duma a draft law on ratification of the International Labour Organisation Convention No. 102 Social Security (Minimum Standards)

16 June 201814:50

Social Security (Minimum Standards) Convention (Convention No.102) was adopted at the 35th session of the International Labour Organisation General Conference in Geneva on 28 June 1952.

Reference

The draft federal law On
Ratification of the Social Security (Minimum Standards) Convention (Convention
No.102), hereafter referred to as Draft Law, has been submitted by the Ministry
of Labour and the Foreign Ministry of Russia.

The Social Security (Minimum
Standards) Convention (Convention No.102) was adopted at the 35th
session of the International Labour Organisation in Geneva on 28 June 1952 and
came into effect on 27 April 1955. The Conventions has been ratified by 55
nations.

Convention No.102 is a
fundamental document of international social security law which underlies the European Codes of Social Security and the Ibero-American
Multilateral Social Security Convention, as well as respective articles of the
European Social Charter and the International Covenant on Economic, Social
and Cultural
Rights, to which Russia is a party.

Convention No.102 states key
principles or organising and managing social security, such as guaranteed
pensions and benefits, the amount of payments which precludes poverty, social
solidarity and collecting funding, the financial stability of the system on the
basis of actual expectations, democratic management with participation of
social partners, the right of appealing the decisions of the administration and
general responsibility of the state for the performance of system.

The comparative analysis of
the Russian legislation and Convention No.102 has revealed that the parameters of the social security
system in Russia comply with the provisions of the Convention.

In particular, the Convention
specifies a clear ratio between the average pension and average wage. Thus, the old age pension’s coefficient
of lost earning substitution must reach 40 percent. A similar number is stated in the Strategy of
Long-Term Development of the Pension System of the Russian Federation (approved
by Government Resolution No. 2524-r of 25 December 2012).

In accordance with Convention
No. 102 provisions regarding national systems of compulsory pension insurance
for employed individuals, the Russian Ministry of Labour has designed a Method
for calculating lost earnings substitution for social benefits in old age,
disability or loss of breadwinner. The Method corresponds to the legal
obligations Russia is to assume as a state party to the Convention.

The draft law was approved at
a meeting of the Russian Trilateral Commission on the Regulation of Social and Labour
Relations on 15 September 2015.

In accordance with Paragraph 2
of the article 15 of the Federal Law On International Treaties of the Russian
Federation, Convention No.102 is subject to ratification.